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1990-404269 í' . ~ 404269 2143 Recording Requested By: ) L (, Cit~ of Encinitas ) 1390 JUt 25 f-pì 2- 00 ." ) . ) ¡ When Recorded Mail to: ) ~, ! ,. .. ! ! city Engineer ) _1 CITY OF ENCINITAS ) 527 Encinitas Boulevard, Suite 100 ) NO f£i Encinitas, California 92024 ) @ ) SPACE ABOVE FOR ) RECORDER'S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY, REQUIRED AS CONDITION OF APPROVAL OF -.. EN 263-89 Assessor's Parcel ')Q No. 258-252-05 proj ect No.: 263-89 W.O. No.: N/A , Log. No.: 269 1 PATRICK D. HANLON and ÐEBRA J. HANLON -- ( II OWNER II hereinafter) is the owner of real property described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE à PART HEHEOF BY THIS REFERENCE, which is commonly known as 755 Regal Road ¡ A.P.N 258-252-05 ("PROPERTY" hereinafter). In consideration of the approval of EN 263-89 by the city of Encinitas ( II CITY H hereinafter), OWNER(s) hereby make(s) an Irrevocable Offer of Dedication¡ for the benefit of CITY, of the hereinafter described real property for PUBLIC RIGHT-OF-WAY . The real property referred to above is situated in the City of Encinitas, TFjO3jCOVl-95wp5 (6-13-89) 1 , . 2144 . County of San Diego, State of California¡ and is more particularly described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERETO BY THIS REFERENCE. OWNER hereby further offers to CITY the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said PUBLIC RIGHT-OF-WAY . RESERVING unto OWNER¡ his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof¡ when in the written opinion of CITY¡ the necessity therefor is removed by substituting other protection¡ support and/or drainage facility, provided such substitution is first approved in writing by CITY. OWNER hereby further offers CITY all trees, growths (growing or that may hereafter grow) ¡ and road building materials within said right-of-way, including the right to take water¡ together with the right to use the same in such manner and at such locations as CITY may deem proper, needful or necessary, in the construction¡ reconstruction¡ improvement or maintenance of said public right- of-way. OWNER, for himself, his successors and assigns, hereby waives claim for any and all damages to OWNER'S remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction¡ landscaping or maintenance of said PUBLIC RIGHT-OF-WAY . TF/O3/COVl-95wp5 (6-13-89) 2 . . 2145 This Offer of Dedication is made pursuant to section 7050 of the Government Code of the State of California and may be accepted at any time by CITY. This Offer of Dedication may be terminated and the right to accept the offer may be abandoned in accordance with the summary vacation procedures in section 8300 et seq. of the streets and Highways Code of the state of California. The termination and abandonment may be made by CITY. This Offer of Dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. At time of acceptance of this offer any and all trust deed(s) and easement(s) shall be subordinated to this Offer of Dedication. OWNER agrees that OWNER's duties and obligations under this Offer of Dedication are a lien upon the PROPERTY. Upon notice and opportunity to respond¡ CITY may add to the tax bill of OWNER any past due financial obligation owing to CITY by way of this Offer of Dedication. If either OWNER or CITY is required to incur costs to enforce the provisions of this Offer of Dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. CITY may assign to persons impacted by the performance of this Offer of Dedication the right to enforce this Offer of Dedication against OWNER. TFj03jCOVl-95wp5 (6-13-89) 3 '. . 2146 Cs>- DATED ,?!$/? ð HAIlN~ DATED J. Signature of owners must be notarized. Attach the appropriate acknowledgement. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing Irrevocable Offer of Dedication and consents to recordation thereof by its duly authorized officer. Date: '/ -I b -?~ By: w~~ iiF~nager City of Encinitas San Diego ~~~ Bank ~ Membe,FlJll NOTARY ACKNOWLEDGMENT f STATE OF CALIFORNIA} INDIVIDUAL J COUNTY OF SAN DIEGO SS. On this 3RD day of JULY, in the year 1990 befo - 0 , and State, personally appeared DEBRA J. IÍANLO~ me, the undersigned, a Notary Public In and for said County personally known to me [or proved to, me on the basis of satisfactory evidence J to be the person[s] whose name[sJ Is/are subscribed to this instrument and acknowledged that he [she/they] executed the same. '.~.~ ~ ~,~ M" ~~v~""~~~<~,'~~:',' ;.~^~~~:,.:;~"'~~'~ t '. A", . u;, ,J ~, H NO:i~E!(~~:~"" .~:::-,:::';,-::-\ M <; ::;;,.'i , ' ", : '( ¡.¡ 0: n -'~"'.. ~ Witness my hand and official seal: ',' - ^\" (c.-c:""ioo r.,,'-, :? 1""'~ !; It) . '0 "> , ' . '. . /." ; ~ . ¿ ¿ , ~'--"¿,-:,-:",>,~è '.oj",:'" /- ',. ';,',' .- ..r ~. ~ ~"""'-"-"'--""""" ~""~"" "<;..)~ ~ ~A.-/' ~ N 'g' ~'" ' [for notary seal or stamp) otary signature . . . 2147 /;1/bI4 '" Y .4ck/7tJw/~ n,en-l - 2'~ dÍÍ/,'¿¡IVt1/ /99°/, ~. ~-/ ~~~ ~~/ ~ .2>. ~ " ~ A!fJ ~'~~ ... þ~ ~k ~. fr~~~~~~" (l~ ¡. 4ft 1) -~ "--'-~~ ; '. Patricia J. Ber " ~ . . NOT ARV PUBlIC.cAlIFOIIA 1 'PRINCIPAL OFFICE '" SAN DIEGO COUHTV , ' Commission Expirl!$ Mol,S. 19t3 , . 2148. . . SUBORDINATION AGREEMENT Wheréas, those parties concerned¡ desire to have the Deed of Trust recorded ~I..' f/¡!!7(, as file/page No. 7¿.-2.2.5¿3D subordinated to Irrevocable Offer to Dedicate Re;.Ü Property For Public R/W Required As Condition of Approval Of EAI 2.'3 -8q ( " DOCUMENT" hereinafter); Now, therefore, for valuable consideration¡ the receipt of which is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. 7 !to / qz, mJ 1;J1~- DATED I / BENEFICI~Y OR TRUSTEE By: Title: 1 Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. ----------" I certify on behalf of the City Council of the City of Encinitas¡ pursuant to authority conferred by Resolution of said Council adopted on July 27¡ 1987 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly uthorized officer. Date Î -lb -C[O By ~~ WARREN H. SHAFER, cit anager city of Encinitas ,. , TF/O3/COVl-95wp5 (6-13-89) 5 ?Zé ;cC :,' ,i"-;' '- ;:.,;.::-",-",.~~,?<",g,:;;~g¿;::""è:?":;>,ê.~~e~".~~;¿¿;;Q-:~:¿:'?';;>;~'"..~:. ~ \i :R': a; 'ticS -\ í Æ i '" , ' OJ - c:' a ( ) ( ) , m ' ~ E £ ~ § ~. ~ o '0 u'S);¡, o ..... 2 .g $', ;::: ~ '0 ~ ~ x D ß g £ c s ~í '5 ~ ~ æ,,'~ ~~ ø 0 ~. ~ ~ 2 OO~.~ ...- ø S ' a; ?3 \ 1 ~I c 1 ,'!) ~¡\j ( ) £ ~~ ~ ~ c, Ž ( )' c ' 0 ~ ~..... ~, ~ ....... .9 ãi 13 a; \g ì ~ £ § E .~ (jj '0 ~ ~ >- "¡=¡ ( ) ~ ðj g a: ~'Si..gæ ~ 0 '5 - ( ) ( ) ø OJ - Z - oE3'@ ,g ° <' u ø (IJ ,- - ( ) I = ,- C o u c"'" Zo D ø c.- m (IJ , ~ ( )(IJ( ):,L~ > 0 ìSi~ 0... EDØU ~ iz ° ( )£(IJ-g .g- . ~ ""'£>'O(IJ '5 ( ) (IJ c > c 0 Õ > C'Ç;-(lJ'O u 6 Z >o~-c - D' o ( ) C C (IJ-' <t i' '0 CE°( ).c ~ ( ) :,L ØE>- 0( '0 C 2:- ° ~( ) E z ( ) OJ -..... ~ 0 E ¡¡; ¡g'OQ..Þ(j) ¡::c ~ o ( )( )ø(j) D.( ) (IJ .gs ~ > ££ UJ 0 E Z ,~ C ( )e( ),£z ,'!)~ @ .c ~ Q.DjD£f- :;: U .c ~ ~ 0 ~.9 '3 3 ~ 8 * f;:: 0 ..... -gõ~~ (j) ( ) ~ Õ I m Q. ° I g ~ ~ en ~~ ( )'¡::' coD ( ) ~ ~ § ,~ Éi= Z (j) 0 c ~ ~ Z < N £ ~ ~ ; g 21 ~z~~~ ~ ," ì3~<:;) " ;¡: V ø=oOa " C ...1~ò'gi ~ ~ ~LLI:30 Ii. 0(.. . 0 rDW,:¡ t- f- - ~~~õ . 0 0 f- I ~ 1&;>- ~~ Z ZeJ ~o O~~~ð ~ UJ~UJOC ~ - bO~ Z i ~ !ž O<t:::>!;:( ~ 8 ~ ~~g@ U < OCUJoro C - UJroUJoc ° Of-IO ... õ >- (j) (j) f- (j) 4 ( ) C I:::>OUJ œ. ãi is f-~f-O OJ ~ U) 0 0 ~ ~~a'76?'¿'~ ê '".>o=""">"""-";v;;,.-~~, ~ ~" V ==.... '>'.'~' : . ¥ 2150 . EXHIBIT "A" .. That portion of the Northwest Quarter of the Southeast Quarter of Section lS¡ Township 13 South, Range 4 West, San Bernardino Meridian, In the City of Encinitas, County of San Diego¡ State of California, according to Official Plat thereof, described - '. . .2151 . . . ,J EXHIBIT "B" .. . That portion of, That portion of the Northwest Quarter of the Southeast Quarter of Section 15, Township 13 South, Range 4 West¡ San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California according to ., Official Plat thereof, as described in EXHIBIT "A" above, lying Westerly of a line that is 30.00 feet Easterly of and parallel with the centerline of Regal Road as shown on said Section 15, Township 13 South¡ Range 4 West, San Bernardino Meridian.